Decree No. 77/2005/ND-CP stipulates the model guidelines for drafting cooperative bylaws according to the Law on Cooperatives 2003, applicable to newly established cooperatives and those transitioning from the Law on Cooperatives 1996 to 2003.
Scope of application
Cooperatives and cooperative unions are established, organized, and operate under the Law on Cooperatives 2003; cooperatives that were established, organized, and operated under the Law on Cooperatives 1996 transition to operating under the Law on Cooperatives 2003.
Key points
- Cooperatives have their own bylaws, which specify other contents in accordance with the Law on Cooperatives 2003 and this Decree.
- This Decree replaces previous Decrees concerning the model cooperative bylaws.
- Takes effect 15 days after publication in the Official Gazette.
🌐 Social impact of this document
- Positive impact: Ensures flexibility in drafting cooperative bylaws in compliance with the Law on Cooperatives 2003.
- Negative impact: Cooperatives need time and resources to adjust their bylaws in accordance with the new Decree.
❓ Frequently asked questions
To whom does this Decree apply?
This Decree applies to cooperatives and cooperative unions established, organized, and operating under the Law on Cooperatives 2003; as well as cooperatives that were established, organized, and operated under the Law on Cooperatives 1996 and transitioned to operating under the Law on Cooperatives 2003.
What contents can be specified in the cooperative bylaws?
Cooperatives have the right to specify other contents in their bylaws, but they must comply with the Law on Cooperatives 2003, this Decree, and related legal provisions.
Which Decrees does this Decree replace?
This Decree replaces Decrees No. 41/CP, 43/CP, 44/CP, 45/CP, and 46/CP of 1997 of the Government concerning the model cooperative bylaws.
When does this Decree take effect?
This Decree takes effect 15 days after its publication in the Official Gazette.
Which agencies are responsible for implementing this Decree?
Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial people's committees, and chairpersons of municipal people's committees directly under the central government are responsible for implementing this Decree.
Full text
DECREE OF THE GOVERNMENT
Regarding the issuance of a model guide for drafting cooperative charters
THE GOVERNMENT
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Law on Cooperatives dated November 26, 2003;
At the proposal of the Minister of Planning and Investment,
DECREE:
Article 1. The Model Guide for Drafting Cooperative Charters is hereby issued together with this Decree.
Article 2. Applicability
1. This Decree applies to:
a) Cooperatives and cooperative unions (hereinafter referred to collectively as cooperatives) established, organized, and operated under the Law on Cooperatives 2003;
b) Cooperatives established, organized, and operated under the Law on Cooperatives 1996, now transitioning to operate under the Law on Cooperatives 2003.
2. Credit Cooperatives are not subject to the provisions of this Decree.
Article 3. Each cooperative shall have its own Charter. A cooperative has the right to stipulate other contents in its cooperative charter, but must comply with the provisions of the Law on Cooperatives 2003, this Decree, and related legal regulations.
Article 4. Effectiveness
1. This Decree shall take effect fifteen days after its publication in the Official Gazette.
2. This Decree replaces:
a) Decree No. 41/CP dated April 29, 1997 of the Government promulgating the Model Charter for Trade Cooperatives;
b) Decree No. 43/CP dated April 29, 1997 of the Government promulgating the Model Charter for Agricultural Cooperatives;
c) Decree No. 44/CP dated April 29, 1997 of the Government promulgating the Model Charter for Industrial and Construction Cooperatives;
d) Decree No. 45/CP dated April 29, 1997 of the Government promulgating the Model Charter for Transport Cooperatives;
đ) Decree No. 46/CP dated April 29, 1997 of the Government promulgating the Model Charter for Fisheries Cooperatives.
Article 5. The Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, and Chairmen of provincial people's committees directly under the central government shall be responsible for implementing this Decree./.
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